Abuse Law – Case Law Update – Assessment of Damages

Walter (a pseudonym) v Alcorn [2024] NSWDC 216

In the recent matter of Walter (a pseudonym) v Alcorn [2024] NSWDC 216, the plaintiff, Walter (a pseudonym) brought proceedings against the defendant (Mr John William Alcorn) in respect of a series of sexual assaults that the defendant, as an adult, committed upon the plaintiff on multiple occasions between 1991 and 1992, when the plaintiff was aged between five and six years. The defendant was a close friend of the plaintiff’s stepfather.  

The abuse incidents involved as follows:  

  • On four occasions in or about 1991, the defendant visited the home of the plaintiff and collected the plaintiff. On each occasion the defendant drove the plaintiff to a particular intersection and stopped the vehicle. Whilst the plaintiff was sitting in the front passenger seat of the vehicle, the defendant reached across from the driver side of the vehicle and placed his left hand on the plaintiff’s penis until erect. The defendant then removed the plaintiff’s erect penis from inside the plaintiff’s shorts with his right hand and performed an act of oral sex on the plaintiff for approximately 20 – 30 minutes. 
  • On three occasions in or about 1992, the defendant visited the home of the plaintiff at and collected the plaintiff in the van. The defendant then drove the plaintiff to a particular intersection and stopped the vehicle. On the first occasion, whilst the plaintiff was sitting in the front passenger seat of the vehicle, the defendant reached across from the driver side of the vehicle and placed his left hand on the plaintiff’s penis until erect. The defendant then removed the plaintiff’s erect penis from inside the plaintiff’s shorts with his right hand and performed an act of oral sex on the plaintiff for approximately 10 – 15 minutes. The defendant then exposed his erect penis, took hold of the plaintiff’s right hand, and placed it on the defendant’s penis and forced the plaintiff to stroke it for about one minute. The defendant then begun to masturbate himself in the presence of the plaintiff until he ejaculated into his left hand. On the second and third occasion, the defendant performed oral sex on the plaintiff, but did not place the plaintiff’s hand on his penis or masturbate. On the third occasion, after driving the plaintiff home, the defendant entered the plaintiff’s bedroom while the plaintiff was in bed, pulled down the plaintiff’s pants and began to perform oral sex on the plaintiff until interrupted by the plaintiff’s stepsister. 
The defendant, who has been described as a serial paedophile, is presently serving an 8-year term of imprisonment for the sexual offending that he perpetrated on the plaintiff, and on other vulnerable persons. 
 
On 19 December 2023, when the defendant was represented by a solicitor, he consented to judgment being entered against him in this case, with damages to be assessed. It appears that the defendant has some property, as may be inferred from the fact that he has issued a person with an operative power of attorney whilst he serves his term of imprisonment. 
 
In this matter, liability had previously been admitted by the defendant, however, the defendant was not represented at the damages hearing on 11 and 12 June 2024.  
 
The plaintiff did not seek damages from the defendant for past loss of income or earning capacity, nor for exemplary damages in light of the imprisonment of the defendant regarding the abuse of the plaintiff. 
 
The New South Wales District Court assessed damages at $1,021,300.00, calculated as follows:  
  • General Damages – $400,000.00 
  • Interest on General Damages – $247,500.00 
  • Future Economic Loss and Superannuation contributions – $343,800.00 
  • Cost of Future Medical and Treatment Expenses – $30,000.00. 
In relation to the award for general damages, the Court included an element of aggravated damages, however, assessed modestly to avoid overlapping or double compensation.  
 
Ultimately, on 13 June 2024, the New South Wales District Court ordered judgement for the plaintiff against the defendant in the sum of $1,021,300.00, and for the defendant to pay the plaintiff’s costs of the proceedings.  
 
We are specialist abuse lawyers and can help you receive acknowledgement, meaningful apology and financial resolution from those institutions and systems of power that failed to protect you from harm. If you would like advice in relation to a childhood or adult sexual, physical and/or psychological/emotional abuse claim in any jurisdiction in Australia, please reach out to Littles Lawyers today.
 
Further Abuse Law information and case law updates can be found on our website.
 
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